This document outlines the operational rules for the Platform and specifies the legal relationship between entities using the Platform.

§1

Definitions

The terms used in these Regulations mean:

1. Administrator – The User appointed by the Client, granted the highest level of permissions within the Platform and given access to the Admin Panel, which is protected by an individual login and password.
2. Form – An electronic form used to create an account on the Platform.
3. Civil Code – The Act of April 23, 1964, Civil Code.
4. Account – A unique account for each User that allows access to the Provider’s Services through the Platform, accessible via a unique login and password.
5. License – A non-exclusive, limited, non-transferable license, without the right to sublicense, for using the Platform under the Agreement and these Terms, particularly as specified in §8.
6. Period – The duration of the Agreement as outlined in the Agreement terms.
7. PoC Period (Proof of Concept) – The initial phase of the Period in which the Client may use the Provider’s Services to evaluate and adjust the Platform’s functionalities as per the Agreement. The Client has the option to terminate the Agreement early by the end of this period. Upon conclusion of the PoC Period and continuation of the Agreement, the Client will utilize the Services per the selected option in the Agreement.
8. Billing Period – A monthly period between the payment dates for the Provider’s Services.
9. Onboarding – The process of integrating the User for effective use of the Provider’s Services.
10. Fees – Payments due to the Provider from the Client for access to the Platform and usage of the Provider’s Services as per the Agreement.
11. Platform – The online service operated by the Provider, accessible at silkplm.com or via a dedicated mobile app, through which some of the Provider’s Services are offered.
12. Terms – These Platform Terms, available at silkplm.com.
13. Dictionary – A set of terms defined by the User, specifying individual features/elements displayed in other Platform components. Completing the Dictionary is required for proper use of the Services.
14. Agreement – The contract between the Provider and the Client for the provision of the Provider’s Services, with these Terms forming an integral part.
15. Device – A portable or stationary electronic device through which the User accesses the Platform, such as a smartphone, tablet, desktop, or laptop.
16. Additional Services – As defined in §4, paragraph 2.
17. Support Services – As defined in §4, paragraph 2.
18. Provider’s Services – Services provided electronically by the Provider to the Client and User through the Platform, described in §4 of the Terms. This includes access to Platform functionalities via a telecommunication system used by the User, including Additional Services and Support Services outlined in §4, paragraph 2, offered outside of Package subscriptions.
19. Provider or Consilk – Consilk LLC, based in Kraków, listed in the National Court Register (KRS) under KRS 0000945214, with NIP 9452251834 and REGON 520911437, email: info@silkplm.com.
20. Electronic Services Act – The Act of July 18, 2002, on the provision of electronic services.
21. User – A single natural person employee, contractor, or collaborator of the Client with an individual login and password allowing access to the Platform, authorized to use the Platform under the License.
22. Client – A natural person with full legal capacity or a legal entity using the Platform, who has entered or may enter into an Agreement with the Provider under the Terms.
23. Package – The option selected by the Client under the Agreement, representing one of the License or Provider Service variants, with the current price available in the Agreement.
24. Admin Panel – The management panel for the Platform under the License, through which the Administrator grants or revokes Users’ access to the Platform, allows for changes to account permissions, and facilitates Package modification requests.
25. Copyright – The Act of February 4, 1994, on copyright and related rights.
26. Intellectual Property – All identifiers, inventions, utility models, industrial designs, works as per the Copyright Act, and other creative activities protected as exclusive rights belonging to the Provider or its collaborators.

§2

Initial Provisions

1. These Terms define the rules and conditions for using the Platform, particularly for the use of the Platform by Users and Clients.
2. The Provider offers Services based on the Agreement and these Terms.
3. Before granting Users access to the Platform, the Client is obliged to familiarize themselves with these Terms and ensure Users are aware of them.
4. These Terms constitute the terms referred to in Article 8 of the Electronic Services Act.
5. Both the Client and Provider may terminate the Agreement under the conditions specified within it.
6. Contact information for User inquiries with the Provider is as follows:
   1. 1. 1. 1. Email: info@silkplm.com
            2. Phone: +48 505 180 066
            3. Address: ul. Eliasza Radzikowskiego 51A, 31-513 Kraków.

§3

Use of the Platform

1. A User Device must be connected to the internet to use the Provider’s Services. Internet connection costs are borne solely by the User.
2. Platform usage is restricted to the Provider’s online service at silkplm.com.
3. Only the Administrator may grant Users access to the Platform through the Admin Panel. The start of the Period is not dependent on granting Users access unless the Provider has not provided the Administrator or Client access to the Admin Panel.
4. The Provider is not responsible for any charges incurred due to data transmission necessary for using the Platform.
5. Users are obligated to use the Platform per these Terms and the Terms of Use and Acceptable Use Policy at silkplm.com/pl/warunki-i-zasady.
6. Clients may report any issues or complaints related to the Platform’s operation or Service delivery to the Provider’s email address: [•]. A complaint should include, at minimum: the type and date of the issue, the Client’s requests, and contact details for the complaint.
7. The Provider reviews complaints promptly, no later than 14 days from receipt. If a complaint cannot be resolved within this period, the Provider will inform the complainant of the reasons for the delay and the estimated time needed to resolve the complaint.
   

 

§4

Provide’s Services

 

1. Upon entering into an Agreement with the Client, the Provider grants access to the Platform to the Administrator designated by the Client or the Client directly. The Services provided by the Provider include, in particular:
   1. 1. 1. 1. Access to Platform features via the telecommunication system used by the User,
            2. Account usage,
            3. Maintenance of the necessary infrastructure for Service delivery,
            4. System updates to eliminate security gaps. The Client is informed of ongoing updates through posts on silkplm.com,
            5. Data security measures, including:
               • Full traffic encryption,
               • Secure login procedures, including optional 2FA or client certificates,
               • Data stored within the EU across two independent data centers with replication,
               • GDPR compliance,
               • Access to data export and backups at any time,
            6. Performance and scalability supported by infrastructure that enables concurrent use by thousands of users,
            7. Support via an open Slack chat for 12 hours, 7 days a week,
            8. Training materials and videos to prepare the Administrator and User for independent system configuration and proper Platform usage,
            9. System documentation,
            10. AI assistance in independent system configuration.
2. Additionally, the Provider may, upon separate request (submitted via email), deliver:
   1. Additional Services, including but not limited to:
      • Conducting analytical work essential for the proper implementation and operation of SilkPLM,
      • Configuring and customizing SilkPLM (including technical testing),
      • Preparing integration with Client systems,
      • Conducting training for key system users,
      • Post-implementation support of the SilkPLM system within the Client’s infrastructure, covering:
        1. Additional system configurations and training,
        2. Resolving failures and other issues with the Provider’s IT infrastructure,
        3. Implementing best practices to improve work efficiency and security,

Each Additional Service is subject to individual pricing, established by the Provider through email communication per paragraph 3 below.

1. Implementation Services, with the current price and scope available in the Price List attached to the Agreement as Annex 1.

1. Ordering individual Additional Services and Implementation Services is done by contacting the Provider at info@silkplm.com or by contacting the Coordinator designated under the Agreement.

§5

Pricing / Packages

1. Access to certain Provider Services is available in Packages. The price of each Package depends on the scope of Provider Services included in it.
2. The Provider offers Users access to Services in the following Packages:
   • FREE
   • DESIGNER
   • STANDARD
3. Details of each Package are published on the website at silkplm.com/pl/cennik.
4. Changes to the Packages, other than (i) reduction of Package scope or (ii) removal of a Package, do not constitute a modification of these Terms.
5. If a Package is removed from the Provider’s offering while a User has an active subscription, the User will retain access until the end of the next Billing Period (month).

§6

Account Creation and Onboarding

1. Platform usage is possible only after creating a User Account.
2. To create an Account, the Administrator or Client must register the User on the Platform by providing all required information.
3. Providing information is voluntary; however, creating an Account is only possible when all required information is provided.
4. The Account is created when the Administrator or Client completes and confirms the Form by entering the necessary information and additionally confirms the intent to create the Account by activating the link sent to the email provided in the Form.
5. During the Agreement period or while Provider’s Services are active, the Provider may update the Platform, which may affect access to Provider Services or User data.
6. The User is responsible for securing their Account login and password from unauthorized access. Consequences of inadequate data security fall upon the Client.
7. The User has the right to view, correct, and request deletion of personal data to the extent permitted by law; however, deleting personal data may result in the removal of the User’s Account.
8. The Provider reserves the right to deny creating an Account for a User who already has one, as well as to delete an Account if the User acts contrary to social norms, exposing the Provider to harm or violating these Terms or the Terms of Use and Acceptable Use Policy at silkplm.com/pl/warunki-i-zasady.
9. Under the License, a User may only have one Account. The User Account cannot be transferred to another User.
10. The number of User Accounts is determined by the Package selected by the Client or by Agreement terms; any change in the number of User Accounts within the License is billed in Billing Periods as specified in §8, paragraph 4. The Client may not share Platform access or lend/share Accounts beyond the Package terms, these Terms, or the Agreement. The Client is fully responsible for granting Account access to third parties.
11. If login to the Account is impossible due to password loss or forgetting, the User can use the “Forgot Password” option in the login form.
12. When using “Forgot Password,” the Provider will send an email containing a link to define a new Account password.
13. The Account can be deleted by the Administrator or Client through the Platform or by contacting the Provider as specified in §2, paragraph 6.
14. For effective use of the Provider’s Services, the Administrator or Client must complete the required data, including the Dictionary. Terms defined by the Administrator or Client in the Dictionary are imported into other Platform components; usage without a completed Dictionary is not possible.

§7

Platform Access Requirements

1. The Platform is available to all Devices meeting the technical requirements listed below.
2. Devices accessing the Platform must meet the following technical requirements:
   1. 1. 1. 1. For the web version:
               • Internet connection,
               • A browser (e.g., Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari) in the latest stable version,
               • JavaScript and Cookies enabled in the browser,
               • A minimum screen resolution of 1024×768 pixels (recommended 1280×800 pixels).
                 
3. The Platform operates online when the Device is connected to the Internet, and offline within the Inspirations – Trade Fairs module in the mobile app.
4. Users are prohibited from posting unlawful content or content infringing on third-party rights, including:
   1. 1. 1. 1. Posting Personal Data of others or their images without proper authorization,
            2. Using offensive language,
            3. Advocating for totalitarian systems, related symbols, incitement to hatred or crime,
            4. Uploading harmful software,
            5. Posting content encouraging drug use, excessive alcohol consumption, gambling, or any other prohibited behaviors,
            6. Content violating third-party intellectual property rights,
            7. Engaging in spam activities or actions resembling unfair competition or market practices,
            8. Conducting reverse engineering, decompiling, disassembling, decrypting, dismounting, translating, deconstructing, adapting, or using other methods to discover source code or interfere with the Platform or online payment systems,
            9. Disrupting or blocking the normal functioning of any part of the Platform or online payment systems.
            10. posting content that undermines the good name or reputation of the Service Provider or third parties,
            11. posting links to websites and files containing the content indicated in this §7 section. 4.
            12. posting links to websites and files containing advertising content of Users or the Customer.
5. The Client is responsible for content posted by Users on the Platform or communication channels provided to Users. If a User posts content prohibited by law or by the Terms on the Platform, the Provider is authorized to remove it and may terminate the Agreement immediately.
6. Unauthorized penetration tests, security tests, or hacking activities on the Platform are prohibited.
7. If a User violates any provisions of the Terms, Terms of Use, Acceptable Use Policy at silkplm.com/pl/warunki-i-zasady, or applicable law, the Provider may take legally permitted actions, including restricting the User’s access to the Platform and Services. In such cases, the Client has no right to a refund.
8. For compliance with the Electronic Services Act, the Provider informs Users of the potential risks of using electronic services via the internet, including viruses, worms, and trojans. Users are advised to install and update antivirus software regularly.
9. The Provider reserves the right to create separate terms for specific Services. In the event of such separate terms, the provisions of the Terms apply only to unregulated areas.
10. The Client is obligated to immediately notify Consilk of any unauthorized Platform usage by entities other than those authorized under the Agreement.

§8

License and Intellectual Property

1. Upon creating an Account, the Client receives a License to use the Platform within the limits of the selected Package and under the conditions of the Agreement and §8 of these Terms, subject to third-party service licenses used by the Provider.
2. The License is limited, non-transferable, revocable, and non-exclusive.
3. The License is granted only for the following fields of exploitation:

Regarding the Platform – solely for internal needs of the Client:

1. 1. 1. 1. 1. Use by Users,
            2. For internal business purposes only.

1. The Platform may be used by the number of Users specified for the Package or in the Agreement, subject to changes in the number of Users for an additional Fee as outlined in the Agreement.
2. Activities listed in Article 74, paragraph 4, points 1 and 2 of the Copyright Act require Provider consent, even if necessary for using the Platform as intended.
3. The use of any software other than the Platform is subject to the rules stated in these Terms or rules specified by the software provider.
4. The Provider declares that all Intellectual Property rights belong exclusively to the Provider or are used under a license from the rights holder.
5. By using the Platform, the User does not acquire any Intellectual Property rights. The use of Intellectual Property is restricted to permitted personal use, as specified in Article 23 of the Copyright Act.
6. The Client must immediately notify the Provider of any unauthorized Platform usage by unauthorized entities under the Agreement or Terms.
7. The Client is responsible for damages resulting from violations of Intellectual Property rights, particularly unauthorized distribution, copying, or sharing, including indemnifying the Provider against third-party claims arising from User actions.
8. The Platform includes publicly accessible “open source” components, which are not subject to the License but rather the respective “open source” license. Consilk ensures compliance with applicable licensing terms for “open source” components used in the License and declares that these licenses will not require any fees or compensation from the Client to the open-source rights holders.

§9

Liability

1. The Provider cannot guarantee uninterrupted operation of the Platform or prevent temporary service interruptions caused by internal factors (maintenance or development) or external factors beyond the Provider’s control. The Provider reserves the right to modify Platform features and content and to schedule interruptions. For scheduled interruptions, the Provider will notify Users by posting an announcement on the Platform before the planned interruption date.
2. The Provider is not liable for:
   1. 1. 1. 1. Use of third-party Personal Data on the Platform,
            2. Data, information, and materials provided by the User through the Platform,
            3. Interruptions in the Platform or online payment systems due to external or internal factors,
            4. Non-performance or improper performance of services by telecommunications operators with whom the User or Client has contracts,
            5. Non-functioning of the Platform on Devices not meeting technical requirements,
            6. Potential damages and lost benefits caused directly or indirectly by Platform or online payment system failures,
            7. Damages caused by non-compliant or unlawful Platform use by the User or Client,
            8. Consequences of third-party access to the User Account or Admin Panel login credentials (login, password) for reasons beyond the Provider’s control,
            9. User or Client actions or omissions regarding information obtained through the Platform,
            10. Interruptions due to malfunctions caused by defective hardware, software, or telecommunications connections (IT systems) not maintained by the Provider,
            11. Data loss caused by hardware failures, IT service issues, or other circumstances beyond the Provider’s control,
            12. Inability to provide Services due to technical issues on the side of external service providers relied on for Service delivery,
            13. Content and materials posted on the Platform, particularly those with advertising or marketing from third parties regarding third-party products or services.
3. The Provider is not liable for the content and material on external websites not administered by the Provider, even if links are available on the Platform.
4. Information on the Platform from the Provider does not constitute an offer under the Civil Code.
5. Publishing content on the Platform that may harm the Provider or in areas other than designated is prohibited. The entity posting any content on the Platform assumes full responsibility for any resulting consequences, especially regarding malicious software or hate-inciting content.
6. The Client assumes full responsibility for any dissemination, authorized or unauthorized, of Platform content by Users, particularly regarding Intellectual Property. This includes indemnifying the Provider from all claims if such claims are made against the Provider.
7. The principles of liability specified in this §10 are without prejudice to the principles and limitations of liability specified in the Agreement.

§10

Data Protection

1. The Provider, Consilk, is the data controller for the Client’s personal data related to Agreement fulfillment, processed under Regulation (EU) 2016/679 of April 27, 2016 (GDPR).
2. Subject to the Agreement terms, detailed information on personal data processing by Consilk, including purposes, recipients, retention period, and data subject rights, is provided in the Privacy Policy at silkplm.com/pl/.
3. Regarding personal data processed through the Platform by the Client, the Client is the data controller. In such cases, the Client determines processing purposes, and Consilk acts as a data processor per a data processing agreement with the Client, following the Client’s instructions.

§11

Validity and Amendment of the Terms

1. Consilk reserves the right to amend these Terms. Changes to the Terms may occur electronically, even if a written amendment to the Agreement is required. The Client will be informed of any amendments, including the updated Terms, via email sent to the Coordinator’s address. If the Client does not object within five days from receiving notice of the changes, it is assumed they have agreed to the amendments.
2. If the Client objects to the changes to the Terms, the Parties will continue to carry out the current Agreement under the previously applicable Terms.
3. Polish law governs the rights and obligations of the Parties under these Terms. If any provision of the Terms is or becomes entirely or partially invalid, it will not affect the validity of the remaining provisions. In such a case, the partially or completely invalid provision shall be replaced by the closest applicable legal provision.
4. These Terms come into effect on September 1, 2024.